Tag: FLSA

Should You Shift to Electronic Recordkeeping? (Hint: You Already Have)

By HR Daily Advisor Staff May 31, 2012 Benefits and Compensation

Updated: May 31, 2012

  E-mail Spreadsheets Website E-documents Presentations Voice mail Payroll And just look at what else is potentially keeping an electronic record: Telephone extension detail Computer/network system log-on, log-off times Scantron® security system details Outlook calendars, notes, to-do lists Private files/journals Papers E-mail Microsoft® Word WordPerfect® Excel® PowerPoint® .pdf files Voice Mail Video clips Photographs .wav […]

Pay less for FLSA liability coverage by updating policies and monitoring workers

By Khristine Scholtz May 31, 2012 Benefits and Compensation

Updated: May 31, 2012

A relatively new form of insurance, employment practices liability insurance (EPLI) became popular in the 1990s after the 1991 Civil Rights Act amendments increased the frequency of discrimination claims in the workplace. EPLI typically covers defense costs, judgments and settlements of employment issues ranging from sexual harassment to wrongful termination. While many employers do not […]

What’s the Appropriate Sales Level for Commission to Kick In?

By HR Daily Advisor Staff May 31, 2012 Benefits and Compensation

Updated: May 31, 2012

Schum, a Senior Consultant at Compensation Resources, Inc. in Upper Saddle River, NJ offered his tips for sales compensation design at a recent webinar sponsored by BLR/HRhero. Sales Compensation Model Schum offers an example of the true cost of a salesperson and then charts out how that might translate into a bonus program. Cost of […]

Sales Comp: All About How You Split the W-2 Pie

By HR Daily Advisor Staff May 31, 2012 Benefits and Compensation

Updated: May 31, 2012

Schum, a Senior Consultant at Compensation Resources, Inc. in Upper Saddle River, NJ offered his tips for sales compensation design at a recent webinar sponsored by BLR/HRhero. For example, Schum says, here’s how one organization might split the sales compensation W-2 pie: Sample Sales Compensation Mix Tier     Scope of Accountability Base Salary (Fixed) Bonus (Variable)  […]

Avoiding a Clash Over FLSA Contractor Classifications

By Liza Casabona May 23, 2012 HR Management & Compliance

Updated: May 23, 2012

Before they find themselves under a wage enforcement microscope, employers need to be aware of potential problems and misclassification errors when designating workers as independent contractors instead of standard employees. The U.S. Department of Labor has had the misclassification of workers squarely in its cross hairs for a while. In particular the designation of “independent […]

New Car Wash Operator Gets Soaked by Old Owner’s FLSA Violations

By Khristine Scholtz May 22, 2012 HR Management & Compliance

Updated: May 22, 2012

A car wash operator apparently had a clean record of complying with labor law, but because of a special California labor law, a California appellate court recently held that the car wash was liable for a previous owner’s Fair Labor Standards Act violations, resulting in a $120,000 judgment.  The case, People ex rel. Harris v. […]

Report: Fewer FLSA Cases Filed in 2011 than 2010

By Liza Casabona May 16, 2012 HR Management & Compliance

Updated: May 16, 2012

The number of Fair Labor Standards Act civil lawsuits filed in 2011 declined 7.2 percent, according to a recent report by the Administrative Office of the U.S. Courts. In all, 6,335 FLSA cases were commenced in district courts nationwide during the 12-month period ended Sept. 30, 2011, down from 6,825 during the same period in […]

7th Circuit: Pharmacy Reps Exempt from FLSA as “Administrative Employees”

By Khristine Scholtz May 15, 2012 HR Management & Compliance

Updated: May 15, 2012

Although the Supreme Court will soon decide whether pharmaceutical sales representatives (PSRs) may qualify for the Fair Labor Standards Act’s “outside sales” exemption from overtime pay, the 7th U.S. Circuit Court of Appeals ruled in early May that PSRs could be exempt from the FLSA under the law’s “administrative exemption” (Schaefer La-Rose v. Eli Lilly […]

Retaliation by Compensation—Battleground for Comp Managers

By HR Daily Advisor Staff May 11, 2012 Benefits and Compensation

Updated: May 11, 2012

“Retaliation lawsuits are among the easiest to prevent,” says attorney Jody Katz Pritikin, but retaliation is a common reaction by managers who are embarrassed or angered by an employee complaint, and that means managers have to be on the watch for it. Pritikin, who offered her tips at SHRM’s Employment Law and Legislative Conference, held […]

Tricky Administrative Exemption Trips Up the Best

By Stephen Bruce, PhD, PHR May 9, 2012 HR Management & Compliance

Updated: May 9, 2012

The Administrative Exemption: it’s where the greatest number of employers go wrong and no surprise, says attorney Susan G. Fentin—it’s the broadest and most ambiguous exemption of them all. In yesterday’s Advisor, Fentin helped us understand the huge dollar risks in mistaken exemption decisions. Today, how to determine if your employees meet the tricky administrative […]